A aplicabilidade da aposentadoria híbrida aos trabalhadores urbanos sob á luz do principio da isonomia.

Abstract

It is known that the age for retirement institute aims to safeguard the individual of the misfortune old age, and for this, the legislator predicted criteria of specific determinations that must be completed by the insured for the obtainment of referred blessing. This bias, the §3º of the art 48 of the Law 8,213/91, as amended by Law 11,718 / 08 instituted new age for retirement mode that allows the rural worker, detent this condition during the administrative requirement, and that did not reach the necessary grace period for acceptance of rural retirement, count the period of activity performed in other work category for the obtainment of hybrid or mixed retirement, as this remains baptized by the doctrine. That is, it was authorized by means of such a device the sum of urban and rural time for effects of the integration of the deficiency. However, denied to urban workers the right to timing of activity developed in rural areas, except the perception of the blessing, in evident affront to the principle of equality. This particular, the present paper is intended of to analyze the extension possibility of hybrid retirement to the urban insured with fundament in the present on the basis of principles rested in art. 194 of the Federal Constitution. Notably on the principle of uniformity and equivalence of benefits and services for urban and rural populations (item II), being and this offshoot of equality. The objective is to demonstrate that the legal increase should be interpreted more favorably to the insured, as well in consonance with the precepts of the Constitution. Therefore, it sees the social necessity of extension to the recipients of the hybrid retirement, supplying the inconsistency imposed by that paragraph as a way of the social justice and the realization of human dignity.